SELF STORAGE FACILITIES AND BANKRUPTCY

Can I discharge my debt to the storage company and get my stuff back?  This is a question I get from many of my clients.  Storage Fees are secured debt to the extent that there are items in storage which have value.  Under Michigan law the Storage Facility receives lien on all personal property placed in storage on the date you place the items into storage.  Unlike other liens, which need to be perfected, this lien is a self perfecting lien.  So while you may be able to discharge the debt, to the extent that you have assets of value in storage,  those can be sold and applied to the debt, even if you file for personal bankruptcy.   You may have additional rights under the statute, and the Storage Facility has to follow the proper procedures before selling your property, so if you have things of value in storage, and you are considering a bankruptcy filing, you may want to consult with an attorney regarding your rights and obligations before you file.

Written by admin

Bankruptcy Attorney serving Grand Rapids Michigan and all of Western Michigan

Website: http://www.grandrapidsbankruptcylaw.com/demo

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